Allowed

Raj Kumar v. Paramjeet Kaur and Ors.

Punjab & Haryana HC10 Sept 2013CR/1322/2013

Case brief

AI extract

What is this about?

High Court set aside trial court orders striking off petitioner's defence and dismissed recall application, granting one final chance to file written statement subject to heavy interim costs to meet ends of justice.

What did the court decide?

Impugned orders set aside; petitioner permitted to file written statement in trial court on or before next hearing subject to payment of Rs. 10,000.

Raj Kumar Vs Paramjeet Kaur and Ors. — Civil Procedure and Limitation | Punjab & Haryana HC (2013)

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Civil Revision No. 1322 of 2013

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Revision No. 1322 of 2013 Date of decision : September 10, 2013

Raj Kumar

....Petitioner

versus

Paramjit Kaur and another

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....Respondents

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Coram: Hon'ble Mr. Justice L.N. Mittal

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Present : Mr. Jitender Singh Chahal, Advocate, for the petitioner

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Mr. Avnish Mittal, Advocate, for respondent no. 1 None for respondent no. 2

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L.N. Mittal, J. (Oral)

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Aggrieved by orders dated 19.7.2008 Annexure P/1 and 10.1.2013 Annexure P/2 passed by the trial court, defendant no. 1 has filed this revision petition under Article 227 of the Constitution of India to challenge the said orders.

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Vide order Annexure P/1, defence of defendants (petitioner and respondent no. 2) was struck off due to non-filing of written statement within stipulated period of 90 days. Vide order Annexure P/2, application

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Tiwana Dalbir Singh 2013.09.11 10:13 I attest to the accuracy and integrity of this document. High Court, Chandigarh

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Civil Revision No. 1322 of 2013

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filed by the defendant-petitioner for recalling order Annexure P/1 has been dismissed.

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I have heard counsel for the parties and perused the case file.

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Counsel for the petitioner prayed that only one more opportunity may be granted to the petitioner to file written statement.

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The prayer has been opposed by counsel for respondent no. 1- plaintiff.

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I have carefully considered the matter. The petitioner appeared in the trial court on 19.4.2008 but did not file written statement till 19.7.2008 i.e. till expiry of maximum period of 90 days stipulated in Order 8 Rule 1 of the Code of Civil Procedure (in short, CPC) for filing of written statement. Application Annexure P/4 for rercalling said order is dated 3.12.2008. Unfortunately, the said application remained pending for more than four years in the trial court resulting in further delay in disposal of the suit. However, even application Annexure P/4 was filed belatedly and not immediately after passing of order Annexure P/1.

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Keeping in view all the circumstances, I am of the considered opinion that to meet the ends of justice, another opportunity may be granted to the petitioner for filing written statement on payment of very heavy costs. Delay on the part of the petitioner in filing written statement has resulted in delay of five years in the progress of the suit.

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Resultantly, the instant revision petition is allowed. Orders

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Tiwana Dalbir Singh 2013.09.11 10:13 I attest to the accuracy and integrity of this document. High Court, Chandigarh

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Civil Revision No. 1322 of 2013

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Annexures P/1 and P/2 passed by the trial court are set aside and the petitioner is permitted to file written statement in the trial court subject to payment of ` 10,000/- as cost precedent. Written statement in the trial court shall be filed on or before the next date of hearing and no further opportunity shall be granted for this purpose.

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Civil miscellaneous application, if any pending, is disposed of

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as having been rendered infructuous.

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( L.N. Mittal ) September 10, 2013 Judge 'dalbir'

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Tiwana Dalbir Singh 2013.09.11 10:13 I attest to the accuracy and integrity of this document. High Court, Chandigarh

Raj Kumar v. Paramjeet Kaur and Ors.

Case brief

What is this about?

What did the court decide?

Raj Kumar v. Paramjeet Kaur and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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